A common question in the immigrant population is, “Can you appeal a deportation order?” In most situations, you may be able to file an appeal to challenge the immigration judge’s decision to deport you. You can verbally inform the judge in court that you would like to appeal. You may also have to file formal paperwork either in court or afterward. To protect your right to appeal, you must request this within 30 days after the judge issues the deportation order.
Getachew & Ansari Immigration Attorneys, P.C., recognizes how challenging and confusing it can be to receive a deportation order and understand what that means for your life and family.
Filing an appeal of your deportation order may give you a chance to change the judge’s mind and stay in the United States legally. An experienced immigration lawyer can help you through this process.
Understanding What a Deportation Order Means
When the judge issues a deportation order, it means the government has the right to remove the person from the United States. The person may ask to voluntarily leave the country rather than have the government remove them by force. If you leave voluntarily, you would use your own money and may have more control over when and how this happens. In contrast, if the government removes you involuntarily, you may have less of a say in where, when, and how you go. If you appeal the deportation order, the order is paused until your appeal is completed.
When and How You Can Appeal a Deportation Order
Filing a deportation order appeal can be an essential step in advocating for your right to stay in the United States. How you appeal the deportation order depends on where you are in the process. For example, if you receive a deportation decision in court, you would tell the judge you are reserving your right to appeal the order.
However, if you receive a deportation notice in the mail, you would file a response within a certain amount of time, typically 30 days. An attorney can help you identify what forms or notices you are required to submit and when, so you can start the appeal.
Filing an Appeal With the Board of Immigration Appeals (BIA)
To appeal a deportation order, you would need to file an appeal with the Board of Immigration Appeals. The form you may need to submit is Form EOIR‑26; however, it depends on your specific situation and the laws in effect at that time. You should request an appeal, either in person or by mail, within 30 days of the judge delivering their decision. An immigration attorney can help you understand how to calculate when the 30 days are up and whether an exception applies that would give you more time.
What Is a Stay of Removal and Can You Request One?
A stay of removal is where the government agrees not to carry out a deportation or removal order unless an exception occurs. During an appeal with the BIA, the judge’s deportation order is paused, and the government may not remove the person from the United States. The stay of removal should automatically begin when the person says they want to appeal their deportation order and should last until the appeal concludes.
Grounds for Challenging a Deportation Order
When you file an appeal, you are challenging the judge’s decision to deport or remove you. The hope is that you can persuade the second court, such as the Bureau of Immigration Appeals, to decide not to deport you.
To have a chance of winning your appeal, you need to prove that an error occurred. For example, you might discuss how the immigration judge misunderstood the criminal charges on your record or did not use the proper procedures during the case. You can also point to changes in the law or policies that prove you should not be deported. A lawyer who practices immigration law can review your case and find legal arguments to prove the judge should not have issued the deportation order.
What Happens During the Appeal Process?
During the appeal, the court handling the case, such as the BIA, will review the legal arguments, decisions, and evidence in your original immigration case. The judges will review the file and may reach out for additional information. They will decide whether the first judge made an error or not. If they do not decide in your favor, you may be able to appeal this as well.
Can You Remain in the U.S. While Appealing?
It depends. In most situations, the person can stay in the United States while their deportation order appeal is pending. The judge’s order of deportation is paused until the final decision is made by the BIA or another court. An exception to this is if something happens, such as a safety concern, that would allow the government to deport you.
The deportation order should automatically be paused as soon as you preserve your appeal rights by telling the judge in court that you would like to appeal. Partnering with an immigration lawyer may be beneficial to help you understand and assert your rights to stay in the United States while you appeal the deportation order.
Contact an Experienced Immigration Lawyer at Getachew & Ansari Immigration Attorneys, P.C.
If you are wondering if you can appeal a deportation order, it may be time to talk to a lawyer. You have the right to appeal the judge’s deportation order; however, you need to follow a specific process and timeline. An attorney can be a valuable resource, guiding you through the process and completing steps on your behalf.
Getachew & Ansari Immigration Attorneys, P.C., can help you begin and carry out an appeal of your deportation order. We have assisted many other clients who faced deportation or removal proceedings. Our team attends seminars and stays updated on changes to the immigration laws. Call our dedicated immigration legal team today at 408-292-7995 to talk to us about your concerns.
